21
6
Except for the Limited Warranty and to the maximum extent permitted by applicable law,
TomTom and its suppliers provide the Hardware “AS IS AND WITH ALL FAULTS”, and hereby
disclaim all other warranties and conditions, whether express, implied or statutory, including, but
not limited to, any (if any) implied warranties, duties or conditions of satisfactory quality, of fitness
for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of
results, of workmanlike effort, of lack of viruses, and of reasonable care and skill, all with regard to
the Hardware, and the provision of or failure to provide support or other services, information,
software, and related content through the Hardware or otherwise arising out of the use of the
Hardware. Also, there is no warranty or condition of quiet enjoyment, quiet possession, or
non-infringement with regard to the Hardware. This exclusion does not apply to
(I)
any implied condition as to title and
(II)
any implied warranty as to conformity with description.
7
This Limited Warranty does not affect any legal rights under applicable national legislation
governing the sale of consumer goods.
8
This Limited Warranty cannot be transferred to any other person.
LIMITATION OF LIABILITY
9
Neither TomTom nor its suppliers shall be liable to you or to any third party for any
damages either direct, indirect, incidental, consequential or otherwise (including in each case, but
not limited to, damages for the inability to use the equipment or access data, loss of data, loss of
business, loss of profits, business interruption or the like) arising out of the use of or inability to
use the Hardware even if TomTom has been advised of the possibility of such damages.
10
Notwithstanding any damages that you might incur for any reason whatsoever (including,
without limitation, all damages referenced herein and all direct or general
damages in contract or anything else), the entire liability of TomTom and any of its suppliers shall
be limited to the amount actually paid by you for the Hardware.
11
TomTom shall not be liable for
(I)
any fraud on the part of its employees and/or agents; or
(II)
any fraudulent misrepresentation on the part of its employees and/or agents.
12
Notwithstanding the above, neither party’s liability for death or personal injury resulting
from its own negligence shall be limited.
